Offences against property (theft, fraudulent conversion of deposit, embezzlement, robbery) were punished by exacting more than the value of the things taken (Luke 19:8), the excess going to the injured party, thus differing from a fine, which goes into the treasury of the community. The housebreaker was liable to be slain with impunity (Exodus 22:2). A fine in the modern sense is unknown in the Scriptures, unless Leviticus 5:6-19 be interpreted as referring to such.

1. History of the Hebrew Law concerning Punishment:

The earliest theory of punishment seems to have been that of retaliation--"blood for blood"--and to some extent this principle appears even in the Law of Moses (Leviticus 21:19,20; Matthew 5:38). Early in the history of the race, punishment was administered for sin and crime. Adam and Eve were driven from the Garden, and Cain, the first murderer, though not executed in retaliation for his deed, had a mark set on him. The words of Lamech (Genesis 4:24) indicate that death was regarded as the fitting punishment for murder, and the same thought apparently was in the minds of the brethren of Joseph (Genesis 42:21). Judah, as head of his family, seems to have had power of life and death (Genesis 38:24), and Abimelech threatens his people with the extreme punishment in case they injure or insult Isaac or his wife (Genesis 26:11). Similar power is ascribed to Pharaoh (Genesis 41:13).

2. The Mosaic Law concerning Punishment:

Under the Law of Moses, the murderer was to be put to death without mercy. Even if he took refuge at the altar in a sanctuary or in an asylum city, he would not be immune from arrest and execution, and the same principle was applied in the case of an animal (Exodus 21:12,14,23,28,36 parallel). But punishment under the Mosaic Law was not to be entailed or transmitted (Deuteronomy 24:16), as was the case among the Chaldeans (Daniel 6:24) and the kings of Israel (1 Kings 21; 2 Kings 9:26).

It has been noted that capital punishment is extensively prescribed by the Mosaic Law, and undoubtedly the Law was carried out. This circumstance has been explained by reference to the fact that the nation consisted of newly emancipated slaves, and therefore required harsh measures to keep them in check.

Under the Mosaic Law, the offenses that made one liable to the punishment of death were:

A large number of offenses come under the law of punishment by cutting off from the people, the meaning of which expression has led to some controversy. It may signify excommunication or death, and occurs in connection with the following offenses:

(1) breach of morals, such as willful sin in general (Numbers 15:30,31); incestuous or unclean connections (Le 18:29; 29:9-21);

Hanging is mentioned (Numbers 25:4; Deuteronomy 21:22), probably not as a mode of execution, but rather of exposure after death. It may have been a Canaanitish punishment, since it was practiced by the Gibeonites on the sons of Saul (2 Samuel 21:6,9).

(3) Burning

Burning, before the age of Moses, was the punishment of unchastity (Genesis 38:24). The Law prescribes it as a punishment in the case of a priest's daughter (Leviticus 21:9), and in case of incest (Leviticus 20:14), but it is also mentioned as following death by other means (Joshua 7:25), and some believe it was never used except after death. That it was sometimes used as a punishment on living persons among the heathen is shown by Da 3.

Strangling as a form of punishment has no Scripture authority, but according to tradition was frequently employed, and is said to have been performed by immersing the convict in clay or mud, and then strangling him by a cloth tied around the neck.

3. Punishments of Foreign Origin:

Besides these, which are to be regarded as the ordinary capital punishments, we read of some that were either of foreign introduction or of an irregular kind, such as:

The Persians are said to have filled a high tower a great way up with ashes, and then to have thrown the criminal into it, and continually stirred up the ashes by means of a wheel till he was suffocated (Rawlinson, Ancient Monarchy, III, 246).

See also HEROD, II, 100.

Secondary forms of punishment not heretofore mentioned are to be noted as follows:

Confiscation of property that had fallen under the ban, i.e. had been singled out for destruction by the special decree of Yahweh, as in Numbers 21:2; Joshua 6:17; or had been reserved for the use of the army (Deuteronomy 2:35; 20:14; Joshua 22:8); or given over to the priesthood (Joshua 6:19). The term may be extended to include all things vowed or sanctified and those irrevocably devoted or consecrated to God (Leviticus 27:21,28). The idea is applied with special emphasis to those things which, because of their uncleanness, must not be used by the Israelites, though, through their warfare with the heathen, they might have come into possession of them (Deuteronomy 7:26; 1 Samuel 15:16-23).

Gallows in the modern sense probably were unknown to the ancients. Where the word occurs in Esther 5:14; 6:4; 7:9,10; 9:13,15, it probably refers to a beam or pole on which the body was impaled and then elevated to a height of 50 cubits as an object of warning to the people (see "Hanging").

In this term may be included all those outbursts of vengeance or other evil dispositions that were practiced in times or under circumstances when liberties with the prisoner were permitted on the part of bystanders or those who had charge beyond the execution of the judicial decree. Instances are found in the life of Christ (Matthew 26:59,67; Luke 22:63; John 18:22); also in the life of Paul (Acts 23:2).

(12) Mutilation (Judges 1:6,7; Ezekiel 23:25; 2 Maccabees 7).

The Law was opposed to thus treating any Israelite, and Samuel, when referring to the arbitrary power of the future king (1 Samuel 8:10), does not say that he would thus treat "their sons." It was a barbarous custom of the East (see EUNUCH; POLYGAMY), evidently regarded, among the Hebrews, as a heinous practice (Deuteronomy 23:1). The only act authorizing mutilation (except in retaliation) is mentioned in Deuteronomy 25:11.